AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES; AND PROVIDING PENALTIES FOR CARJACKING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §222, Chapter 2, Title 11 of the Delaware Code by re-designating present subsection (2) as new subsection (3); by re-designating each succeeding section accordingly; and by adding thereto the following new subsection:

"(2) 'Carjack' or 'carjacking' shall mean unlawfully taking possession or control of a motor vehicle by coercion, by duress, or without the permission of the owner or any occupant of such vehicle, while such owner or other person is in or within ten (10) feet of the vehicle, whether or not anyone is injured by the offender in taking possession or control of the vehicle, and whether or not the offender physically drove or operated the vehicle."

Section 2. Amend §604, Chapter 5, Title 11 of the Delaware Code by designating the first paragraph of said section as new subsection (a), by striking the last sentence of said section; and by adding thereto the following:

"(b) Where a person unlawfully takes possession or control of a motor vehicle by duress or without permission of the owner, occupant or former occupant who is within 10 feet of the motor vehicle, or otherwise commits an act of carjacking as the same is defined in §222 of this Title, such person is guilty of reckless endangering in the first degree.

(c) Reckless endangering in the first degree is a Class E felony."

Section 3. Amend §612, Chapter 5, Title 11 of the Delaware Code by striking the period (.) at the end of subsection (6), and substituting "; or in lieu thereof; and by adding, thereto a new subsection, designated as subsection (7), which new subsection shall read as follows:

"(7) such person carjacks a motor vehicle as carjacking is defined in §222, whether or not such person intends to permanently deprive the owner of the use of the vehicle; and while in possession or control of such vehicle the offender:

a. commits the crime of reckless endangering In the first degree as defined in 11 Del. C. §604(a);

b. compels a lawful occupant of the vehicle to leave the vehicle; or causes the vehicle to be operated recklessly."

Section 4. Amend §612, Chapter 5, Title 11 of the Delaware Code by striking the first three words of said section ("A person is"), and substituting the words "(a) A person is" in lieu thereof; by designating the second-to-last sentence of said section (beginning with the word "Assault") as new subsection (c); and by striking the first four words of the last sentence of said section, and substituting "(b) It is no defense, for an offense under (a)(6) of this section" in lieu thereof.

Section 5. Amend §613, Chapter 5, Title 11 of the Delaware Code by striking the pertod at the end of subsection (7), and substituting "; or in lieu thereof; and by adding thereto a new subsection, designated as subsection (8) which new subsection shall read as follows:

"(8) such person carjacks a motor vehicle as carjacking is defined in §222, and while in possession or control of such vehicle the person:

a. commits or attempts to commit a Class D or greater felony;

a. operates the vehicle while under the influence of alcohol and/or drugs as defined in 21 Del. C. §4177;

a. has possession of a 'controlled substance' as that term is defined in 16 Del. C. §4701 (7);

b. has possession of a 'deadly weapon' as that term is defined in 11 Del. C §222 (5); or

a. intentionally or unintentionally causes 'physical injury,' as that term is defined in 11 Del. C. §222 (20), to another person.'"

Section 6. Amend §613, Chapter 5, Title 11 of the Delaware Code by

striking the first three words of said section ("A person is"), and substituting the words "(a) A person is" in lieu thereof, by designating the second-to-last sentence of said section (beginning with the word "Assault") as new subsection (c); and by striking the first four words of the last sentence of said section, and substituting "(b) It is no defense, for an offense under (a)(7) of this section" in lieu thereof.